Martine: "My experience with FitzGerald & Company has been tremendously rewarding… they’ve helped me get my green card. He (Desmond) was always very realistic... He would never paint a picture more beautiful… would never say you get something within a month and then take a year..." More

William: "What I liked most about FitzGerald & Company is that they excel at professionalism.. the way they do their work, the communication with the clients.. When you call the office from the receptionist to the lawyer everything is well arranged.. More

Alistair: "Came in originally with an H-1 b working visa.. and at one stage I had to apply for an E-1 investor visa which allowed me to start my own company. What I liked most about working with FitzGerald & Company was that the team that I worked with really got to understand my situation.." More

Ahmed: "I have known Mr. FitzGerald for 9 years.. and he has always been there for me. The staff has been great as well, communicating with me through mail and phone. Billing has never been a problem with Mr. FitzGerald.. and of course He has succeeded and got the job done every time he worked with me.." More

Issac: "They were there to support me on my case from day one.. always available if you call them.. always there if you have any concerns. Willing to walk with you throught the case.. I have recommended my friends to FitzGerald & Company, because I feel they will be treated the way I was treated and I was very happy.." More

Expiration of Visas and Extension of Stay during the Coronavirus COVID-19 Crisis

The current coronavirus crisis has caused a travel ban throughout the world, including international travel from the U.S. This is necessary to contain the spread of this virus and to limit its impact.

This travel restriction has potentially caused issues for individuals who are in the U.S. with visas that will expire or may have already expired during this period, so it is important to understand what are the obligations for those in these situations.

Non-Expired Visa Status

If your non-immigrant status or permission to stay in the US (date on the I-94, if you received one) is due to expire and, it does not appear that you will be able to travel prior to its expiration due to the COVID-19 crisis, then you generally should file for an extension of your current status or a change of status, whichever is more appropriate. USCIS has announced that nonimmigrants who may unexpectedly have to remain in the United States beyond their authorized period of stay, should apply for an extension of stay or change of status in advance.

An extension of status is often achieved by filing an I-539 or in some cases an I-129 with USCIS, along with the required evidence to support the petition. Properly filing the petition in a timely manner is important, which also means it should be supported by documentation sufficient to allow USCIS to accept and process it.

Generally Section 214 of the Immigration & Nationality Act and its corresponding regulations [i.e. 8 CFR § 214.1(c)], allow an individual with a pending I-539 or I-129 to remain in the U.S. lawfully, pursuant to the specific conditions of their visa, while USCIS adjudicates the application, if it was filed before the expiration of their status. So it is critical that action be taken timely.

Expired Visa Status

If the visa status of an individual has already expired and their failure to depart was due to the coronavirus, there may be an option to recover their status. The current regulations state that USCIS may accept and approve an I-539 or I-129 which was filed after the person’s status expired, if it was “due to extraordinary circumstances beyond [their] control.” (See 8 CFR § 214.1(c)(4)(i)) USCIS has acknowledged that this exception may be applied to those impacted by the coronavirus.

ESTA-Visa Waiver Holder Status

Some visitors in the U.S. have a status that cannot be either extended nor changed, for example individuals who entered on an ESTA/Visa Waiver Program; however the law provides a limited exception for those individuals. 8 CFR §217.3(a) states that if “an emergency prevents an [individual] admitted [on an ESTA/Visa Waiver Program] from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of [their] temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days”.

USCIS has indicated that they may exercise their discretion and grant additional periods of stay for those with an ESTA entry and has directed them to request satisfactory departure from USCIS, through the USCIS Contact Center.

FitzGerald Law Company serves the following Massachusetts communities: Suffolk County including Boston, Jamaica Plain, Chelsea and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Everett, Newton, Somerville, and Waltham; Norfolk County including Quincy, Brookline, Weymouth and Randolph; Essex County including Haverhill, Lawrence, Lynn, Peabody, and Salem; Worcester County including Fitchburg, Leominster, Shrewsbury and Worcester; and Plymouth County including Bridgewater, Brockton and Plymouth.

Disclaimer: The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Authorization of email use

By providing your email address you authorize us to communicate with you via email, and include you in our monthly eNewsletter's distribution list. For more information, please visit our Privacy Policy page.